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Club premises certificate

To authorise the supply of alcohol and regulated entertainment in a qualifying club you need a club premises certificate from your local authority.

In a qualifying club there is technically no sale by retail of alcohol (except to guests) as the member owns part of the alcohol stock and the money passing across the bar is merely a mechanism to preserve equity between members where one may consume more than another. In order to constitute a qualifying club you must also satisfy the various requirements set out in the Licensing Act 2003.

How to apply

You will need to give us:

  • a completed application form
  • fee
  • copy of the club rules
  • declaration for a club premises certificate
  • a plan of the premises
  • operating schedule

 

Eligibility criteria

Clubs must be qualifying clubs. A qualifying club has general conditions it must satisfy. These are:

  • a person may not be given membership, or as a candidate for membership, any membership privileges without an interval of at least two days from their membership application or nomination and their membership being granted
  • that club rules state that those becoming members without nomination or application cannot have membership privileges for at least two days between them becoming members and being admitted to the club
  • that the club is established and conducted in good faith
  • that the club has at least 25 members
  • that alcohol is only supplied to members on the premises on behalf or by the club

Additional conditions in relation to the supply of alcohol must be complied with. These conditions are:

  • that alcohol purchased for and supplied by the club is done by members of club who are over 18 years of age and are elected to do so by the members
  • that no person at the expense of the club receives any commission, percentage or other similar payment in regard to the purchase of alcohol by the club
  • that there are no arrangements for anyone to receive a financial benefit from supplying alcohol, apart from any benefit to the club or to any person indirectly from the supply giving a gain from running the club

Registered industrial and provident societies and friendly societies will qualify if the alcohol purchased for and supplied by the club is done under the control of the members or a committee of members.

Evaluation process

A club can apply for a club premises certificate for any premises which are occupied and used regularly for club purposes.

Applications should be made to the local authority where the premises are situated.

Applications should be submitted with a plan of the premises which must be in a specific format, a copy of the rules of the club and a club operating schedule.

A club operating schedule is a document which must be in a specific format and which includes information on:

  • the activities of the club
  • the times the activities are to take place
  • other opening times
  • if alcohol supplies are for consumption on or off the premises or both
  • the steps that the club propose to take to promote the licensing objectives
  • any other information that is required

If there any alterations to the rules or name of the club before an application is determined or after a certificate is issued, the club secretary must give details to the licensing team. If a certificate is in place this must be sent to the licensing authority when they are notified.

If a certificate is in place and the registered address of the club changes the club must give notice to the licensing team of the change and provide the certificate with the notice.

A club can apply to us to vary a certificate. The certificate should accompany the application.

The licensing team may inspect the premises before an application is considered.

Fees may be payable for any type of application relating to a club premises certificate.

Consultation

Once your application is made, a statutory 28 day consultation will follow. During this time, you must advertise the application, and responsible authorities and any other person can comment on the application.

The responsible authorities that are consulted on your application are:

  • Gloucestershire Constabulary
  • Gloucestershire Fire & Rescue
  • Public Health
  • Local planning authority
  • Health and Safety enforcing authority
  • Child Protection
  • Trading Standards
  • Home Office's Alcohol Team
  • Environmental Health

You will need to send a copy of your application to the responsible authorities.

Notices

You must advertise the application during the consultation period.

Public notice in the local press

A public notice must be published in the local press within 10 working days of the application being submitted to us. Locally circulated newspapers are Gloucestershire Live or Western Daily Press.Locally circulated newspapers are Gloucestershire Live or Western Daily Press.

Failure to do this will invalidate your application.

Public notice on display at the premises

A public notice must be displayed at the premises for a period of 28 consecutive days from the day after the day on which the application was given to the council.

The notice has to be at least A4 size, on pale blue paper, printed legibly in black at font size 16 or larger. It must be capable of being conveniently read by passers-by. For premises larger than 50 metres square, the notice must be displayed every 50 metres along any external perimeters on a highway.

Failure to do this will invalidate your application.

We provide applicants with a template to use. The regulations state that for new premises licence applications, the notice must include:

  • a statement of the relevant licensable activities. This should include activities with corresponding dates and times
  • the name of the applicant
  • the postal address of the premises
  • the date by which representations must be made

Please be as clear as you can on the description for the application

Determination

A 28 day consultation period will begin the day after we receive your completed application.

If there are no representations to your application, your certificate will be granted with conditions.

Representations can only be made under the four licensing objectives:

  • Protection of children
  • Prevention of crime and disorder
  • Prevention of public nuisance
  • Public safety

If representations are made to your application, you will be contacted so that we can discuss these with you.  If these can not be resolved then your application will be referred to the licensing sub-committee.

Tacit consent

Tacit consent applies to this application. This means that you can assume the authorisation has been granted (subject to standard conditions that might apply) if you have not received a decision notice from us within 61 calendar days. 

The timeframe above takes into consideration the need for a licensing committee hearing. Where a decision is delegated to licensing officers, the timeframe for determining an application is likely to be less.

The timeframe above starts on receipt of this acknowledgement.

Variations

Please get in touch with us directly if you need to do any of the following:

  • Apply for a variation to a club premises certificate
  • Tell us about a minor change to your existing premises or club
  • Tell us about a change to your existing details or club rules
  • Tell us about a change to your existing club premises
  • Renew your existing club premises certificate

Redress

Failed application redress

Please email the licensing team at licensing@cheltenham.gov.uk in the first instance.

We will send notice of the refusal of an application for a certificate or variation of a certificate to a failed applicant.

If your application is rejected, you can appeal the decision.

Appeals must be made to the local magistrates' court within 21 days of the decision.

Licence holder redress

Please email the licensing team at licensing@cheltenham.gov.uk in the first instance.

If your application for a variation is refused, you can appeal the decision. A licence holder can appeal against a decision to put conditions on a certificate or to exclude any club activity. Appeals may also be made against the variation of any condition.

Appeals against the decision of a review can be made.

A club may appeal against the withdrawing of a certificate.

Appeals must be made to the local magistrates' court within 21 days of the decision.

Other redress

Any interested party can make representations to us before the certificate is granted or before amendments to a certificate are granted. If representations are made, a hearing will be held to consider the application and the representations. We will produce notices detailing the reasons for any outcome. Interested parties who made representations will receive notice of a failed application.

An interested party is:

  • A person living near the premises or a body representing such a person
  • A person involved in a business near the premises or a body representing such a person

An interested party can request a review of the club premises certificate. We will give reasons for our response to the application in a notice.

An interested party can appeal if they argue that a certificate should not have been granted or that different or additional conditions or limitations on activities should have been made. They can also appeal against any variation of a condition.

Appeals against the decision of a review can be made.

Appeals must be made to the local magistrates' court within 21 days of the decision.